Tag: Adequacy of Search/Identification or Collection

1
Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)
2
Realpage, Inc., v. Enter. Risk Control, LLC, No. 4:16-CV-00737, 2017 WL 1180420 (E.D. Tex. Mar. 30, 2017)
3
Youngevity Int’l Corp. v. Smith, No. 16-cv-704-BTM-JLB (S.D. Cal. Dec. 21, 2017)
4
Padron v. Watchtower Bible & Tract Society of New York , Inc. (Cal. Ct. App., 4th District, 2017)
5
Moultrie v. Progressive Direct Ins. Co. (South Carolina District, Charleston Division, 2017)
6
Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-00698-CAB-NLS (S.D. Cal. Feb. 21, 2018)
7
Wine & Canvas Development, LLC v. Muylle (7th Circuit, 2017)
8
Mirmina v. Genpact LLC, No. 3:16-cv-00614-AWT (D. Conn. July 27, 2018)
9
Creative Movement v. Pure Performance, No. 1:16-CV-3285-MHC, 2017 WL 4998649 (N.D. Ga. July 24, 2017)
10
Hugler v. Jasper Contractors, 1:16-cv-3845-LMM-JSA (ND Ga, 2017)

Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)

Key Insight: whether there was accessibility problems or undue burden or cost associated with turning over phones and computers for forensic imaging; also, whether it was sufficient to have plaintiff’s employee’s conduct a search for responsive ESI

Nature of Case: breach of contract, tortious interference

Electronic Data Involved: e-mails, phone messages, physical computers and cellphones and their data

Keywords: “former business relationship”, “information may be discoverable even if not ultimately admissible into evidence”, “Allstate, however, agreed to produce responsive information within its custody”

View Case Opinion

Realpage, Inc., v. Enter. Risk Control, LLC, No. 4:16-CV-00737, 2017 WL 1180420 (E.D. Tex. Mar. 30, 2017)

Key Insight: The Court granted Plaintiffs? Motion to Compel Production of Defendants? computer images. Defendants made their source code available to Plaintiffs who then identified comments made prior to the produced source code date. Defendants insisted the pre-July 2013 source code was destroyed when Plaintiffs? former employee became a full-time employee of Defendants. The Court found that Defendants provided a sufficient explanation of good faith destruction of pre-July 2013 code but that limited forensic imaging could recover important deleted materials. The Court held that a tailored examination by a third-party forensic expert of Defendants? computers is appropriate to determine whether the pre-July code is recoverable or to assist in cross-examination as to its destruction.

Electronic Data Involved: Mirror image

Youngevity Int’l Corp. v. Smith, No. 16-cv-704-BTM-JLB (S.D. Cal. Dec. 21, 2017)

Key Insight: 4.2 million pages of keyword “”hit”” documents produced without review, but designated “”Attorney Eyes Only.

Nature of Case: unfair competition

Electronic Data Involved: 4.2 million pages of keyword “”hit”” documents

View Case Opinion

Padron v. Watchtower Bible & Tract Society of New York , Inc. (Cal. Ct. App., 4th District, 2017)

Key Insight: Refusal to produce documents. Clergy-penitent privilege

Nature of Case: Negligence and failure to warn (Sexual Abuse)

Electronic Data Involved: letter,email, fax,ESI

Keywords: Willful refusal to comply with discovery order; Monetary sanctions; Judicial estoppel

Moultrie v. Progressive Direct Ins. Co. (South Carolina District, Charleston Division, 2017)

Key Insight: Party cannot use screenshots not disclosed in discovery to in support of summary judgment motion alleging electronic signature

Nature of Case: insurance coverage litigation

Electronic Data Involved: archived screenshots

Keywords: electronic signature, affirmative signature, meaningful offer, prepopulated

View Case Opinion

Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-00698-CAB-NLS (S.D. Cal. Feb. 21, 2018)

Key Insight: demand for irrelevant and disproportionate evidence

Nature of Case: breach of patent agreement

Electronic Data Involved: 300 GB emails

Keywords: irrelevant, patent infringement, reasonable limits on discovery

View Case Opinion

Wine & Canvas Development, LLC v. Muylle (7th Circuit, 2017)

Key Insight: Repeated discovery obligation failures merited district court sanctions

Nature of Case: trademark infringement

Electronic Data Involved: Written discovery responses

Keywords: Missed discovery deadlines

View Case Opinion

Mirmina v. Genpact LLC, No. 3:16-cv-00614-AWT (D. Conn. July 27, 2018)

Key Insight: whether counsel assumed responsibility for ensuring a comprehensive search was conducted

Nature of Case: employment discrimination

Keywords: comprehensive search, litigation hold, guidance, reasonable inquiry

View Case Opinion

Creative Movement v. Pure Performance, No. 1:16-CV-3285-MHC, 2017 WL 4998649 (N.D. Ga. July 24, 2017)

Key Insight: No spoliation because no showing that “either Defendants or their counsel acted” with an “intent to deprive” merely that there was “confusion and ineptitude.”

Nature of Case: breach of licensing agreement

Electronic Data Involved: business laptop and several external drives

Keywords: intent to deprive, spoliation, evaluate the reasonableness of preservation efforts.

View Case Opinion

Hugler v. Jasper Contractors, 1:16-cv-3845-LMM-JSA (ND Ga, 2017)

Key Insight: petitioner’s motion for contempt, subpoena enforcement

Nature of Case: subpoena duces tecum issued by US Dept. of Labor to Respondent, a roofing company. Workplace safety violations and follow-up inspections..

Electronic Data Involved: text and email messages

Keywords: subpoena duces tecum, failure to take reasonable steps to comply with the order

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.